HARIDAS Vs. BANSHIDHAR

JUDGEMENT

(1.) THIS case comes on reference made by learned Judges of this Court constituting a division bench.

(2.) THE facts giving rise to it are that Shri Banshidhar and Mannalal plaintiffs filed a suit in the court of the Civil Judge, Udaipur, on 9th September, 1948, for dissolution of partnership and rendition of accounts against two defendants, namely, Haridas and Bhanwarlal. The plaintiffs' case was that the defendants were owners of a firm called "bhatia-Saree-Stores" and that both of them, together with one Kishanlal Paliwal of Nathdwara, were also trading in tobacco under the name and style of Rajasthan Tambakhu (Tobacco) Manufacturing Company. On 5th january, 1948, both the plaintiffs and the two defendants entered into a partnership business and the name of this firm was kept as Rajasthan Tambakhu company. The share of each one of the plaintiffs was five annas in a rupee while the share of the defendants was jointly five annas in a rupee. A branch of this firm was also started in the name of Banshidhar Mannalal. It was alleged by the plaintiffs that the defendants had committed breaches of the various terms of their agreement. The plaintiffs drew up in the plaint almost a catalogue of several breaches on the part of the defendants, but it is not necessary to repeat them here. It would suffice to say that according to the plaintiffs, it was no longer possible for them to continue the partnership and therefore they prayed for its dissolution and rendition of account. The plaintiffs valued their claim at Rs. 3800/ -.

(3.) THE defendants admitted the partnership but denied the allegations made against them by the plaintiffs. It was averred by them that the breaches of the terms of agreement were committed by the plaintiffs and not by them.